In early March 2013, the Third Circuit Court of Appeals overturned a ruling by a lower court, regarding its decision on a Fair Debt Collection Practices Act (FDCPA) lawsuit. The lower district court had ruled in favor of Healthcare Revenue Recovery Group, LLC (HRRG), a debt collection agency, shutting down Ray Caprio’s claim; the Third Circuit Court’s decision revived Caprio’s claim.On Dec. 7, 2010, Caprio received a collection notice from HRRG, regarding a debt from a doctor’s office; the language in this letter was confusing, and founds the basis of Caprio’s lawsuit. He argued that the letter could confuse “the least sophisticated consumer” into taking two different courses of action. Its second paragraph read:”If we can answer any questions, or if you feel you do not owe this amount, please call us toll free at 800-984-9115 or write us at the above address. This is an attempt to collect a debt. Any information obtained will be used for that purpose. (NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION.)”On the opposite side of the collection letter was printed the following information:”This is an attempt to collect a debt from a debt collection agency. Any information obtained will be used for that purpose.Pursuant to Sec. 809 of the Fair Debt Collection Practices Act, unless you notify this office within 30 days after receiving this notice that you dispute the validity of this debt or any portion thereof, this office will assume this debt is valid. If you notify this office in writing within 30 days from receiving this notice that you dispute the validity of this debt or any portion thereof, this office will: obtain verification of the debt or obtain a copy of a judgement [sic] and mail you a copy of such judgement [sic] or verification. If you request this office in writing within 30 days after receiving this notice, this office will provide you with the name and address of the original creditor, if different from the current creditor.”Caprio filed a suit against HRRG for violating the FDCPA; his legal argument was that someone could be confused by the second paragraph — particularly when paired with the phrase “please call” on the front of the letter—it’s reasonable to think you could call the toll free number and dispute the debt. But this is not so; debt disputes must be initiated in writing, as it said on the back of the letter. The New Jersey District court decided the “please call” language, when taken in context of the letter as a whole, would not confuse the “least sophisticated debtor.” New Jersey District Judge Dennis M. Cavanaugh wrote, “[t]he Collection Letter clearly and accurately sets forth all of the required validation notice language, and the language on the front does not overshadow or contradict that validation notice.” But the appellate court panel disagreed, saying the collection letter was deceptive because “it can be reasonably read to have two or more different meanings, one of which is inaccurate.”The panel also noted, “We do acknowledge that this ‘please call’ language could be read as nothing more than a mere invitation given other aspects of the Collection Letter. In fact, the District Court may be correct that ‘[a] more appropriate reading of the Collection Letter reveals that the language on the front of the letter reflects an invitation to communicate, and the validation notice on the back of the letter sets forth the Plaintiff’s rights.’” But then it noted, “it is not our responsibility to decide whether the debtor or the debt collector offers ‘a more appropriate reading’ of a debt collection letter. We instead must interpret the document from the perspective of ‘least sophisticated debtor.’” In light of this framework, the appeals court concluded that the language could be confusing, and sided with Caprio. Caprio’s case was remanded to the district court for further proceedings.If a collection agency has harassed you, you may be entitled to money damages up to $1,000.00, based on the FDCPA, which has been around for almost 35 years. The FDCPA is a federal law that applies to every state. In other words, everyone is protected by the FDCPA. The FDCPA is essentially a laundry list of what debt collectors can and cannot do while collecting a debt, as well as things debt collectors must do while collecting a debt. Plus, the FDCPA has a fee-shift provision. This means, the collection agency pays your attorney’s fees and costs. Founding attorney, Michael Agruss, has settled over 1,500 debt collection harassment cases. We want to help you, too.